Careers

Africa & Foreign Jurisdictions

Further, because we view Africa as a reservoir of immense potential for global businesses and investors, we are eager to assist foreign and local clients with IP-related matters throughout the continent, as well as with general commercial legal services

Kenya

Trade Mark

Forms part of

No

ARIPO

No

OAPI

Yes

MADRID

Yes

SERVICE CLASSES

NA

NICE CLASSIFICATION

10th edition

Yes

WELL-KNOWN TRADE MARKS RECOGNISED?

OAPI

ARIPO

International Arrangements

Kenya is a party to the Madrid System for international registration of Trade Marks, and the Paris Convention for Protection of Industrial Property. It is possible to claim priority under the Paris Convention.

Classification

Kenya follows a multi-class filing system and recognises both goods and services classes in terms of the 10th edition of the Nice Classification.

Registration Procedure

The total time from filing to registration is approximately 12 months. Trade Mark applications are examined for compliance with formal and substantive requirements and are published in the official gazette after acceptance. Trade Marks may be opposed within 60 days from the date of publication.

Common Law and Well-Known Trade Marks

Well-known trade marks in terms of the Paris Convention are recognised in Kenya and although no specific provision is made for the protection of common law trade mark rights in the country’s local legislation, such rights are recognised in Kenya.

Duration of Registration, Renewal and Non-Use

Trade mark registrations are valid for 10 years from the date of filing and may be renewed indefinitely for 10-year periods thereafter.

A registered trade mark may be cancelled on action by an interested party if it has not been used for a continuous period of 5 years after the date of registration.

Customs Recordal

Customs recordals are possible.

Patent

Forms part of

Yes

ARIPO

No

OAPI

Yes

PARIS CONVENTION

Yes

PCT

OAPI

ARIPO

International Arrangements

Paris Convention; International Convention for the Protection of New Varieties of Plants; Convention establishing World Intellectual Property Organization (WIPO); Patent Cooperation Treaty (PCT); and Lusaka Agreement

Types of Patents

Patents of InventionARIPO Designations

Novelty Requirements

Absolute novelty

Examination procedure

Formal examination with a prior art search and substantive examination

Duration & Maintenance

20 years for filing dateAnnual maintenance payments

Working Requirement

No use requirement, but failure to do so may be a ground for the grant of a compulsory license

Grace Period/Prior knowledge

12-month grace period for disclosures by the applicant or for unauthorised disclosures by a third party